La Grande evening observer., August 21, 1913, Image 3

THURSDAY, AUGUST 21, 1913.
LA GRANDE EVENING OBSERVER.
PAGE THREE
PRESENTED TO LEGAL VOTERS
1 For the benefit of legal voters who
may not have time to devote careful
study to the proposed charter, the Ob
server will from time to time present
sections of the proposed commission
form of government. In this way tho
voters can absorb portions of the char
ter eacn aay ana prooaoiy Decome ad
ditionally acquainted with the . pro
visions of the document. Today pre
sents the sixth installment. '
(Continued from Tuesday's Daily.)
laice onect at a time to De inerein specinea, ana snau continue in wito
' until modified or abrogated by the Commission or modified, suspended or
set aside by the decree or judgment of a court of competent jurisdiction,
(c) Whenever any person or corporation against whom any rule,
order or regulation is directed, as provided by the foregoing subdivision
.shall believe an order to be unjust or unreasonable, he or it may test its'
.-justice or reasonableness by a proper action in the courts commenced
'; within thirty (30) days after service of any such tirder, rule or regula
tion, and in such action such further order may be entered in the prem
ises as shall be warranted by the facts developed upon the trial and
the law applicable thereto. -
Franchises Subject to the Provisions of This Chapter;, .
Section 9. . Every franchise hereafter granted shall be expressly sub
ject to all the provisions of the foregoing sections and the power of con-
. trol and regulation as authorized by such sections cannot be limited, di
; vested or granted away. Subject to the initiative and referendum such
power of control and regulation shall be exercised by the Commission and
may be exercised by the Commission through its agents.
Franchise Deemed as Property.
' Section 10. Every franchise granted under this Charter shall be
taken and deemed as property and shall be subject to taxation as prop
erty. Limitation as to Time.
Section 11. Franchises may te granted for a limited time in and
upon the streets, highways and public places and property of the City
of La Grande, in the manner and subject to the conditions hereinafter
contained. ' .
... No Exclusive Francnise Granted. ;
" Section 12. No exclusive franchise shall be granted 'nor shall any
franchise, lease or right be grafted for a longer period than twenty
years. . ..... rnn.sn - " ' V.
- rranimse-tiuisi w ,vh.. .. -
Section 13. Every franchise granted by the City of La Grande shall .
contain lull ana explicit stawsmeiiwi ui i vuuuinvi.. ... ---- --
t,cul?: In cage of railroads and street railways it shall specify plainly
the streets or other places or parts i thereof 'to which they -apply. jVny
other franchise shall state the boundary of the district or districts witn-
' in wnicn tney snau De exerciseu. , f. t,.
(b) The amount and manner of payment of the compensation to be
. paid by the grantee for the right. Jhe Commission shall make an esti-
' mate or tne casn vaiue ox any iiomiuioo rt' ih.
tion. or an estimate of what it may consider fair compensation to the
Sty for the franchise, and the same shall be PSfhCnShed
of the proceedings of the Commission and published with the publisnea
llvTot Z SLe. In lieu of a money valuation the tom.S8on may
at its option declare what will be a reasonable reduction of fares, rates
or charges, either at the beginning or progressively f rem time to time,
to be made by m grange . -orh work there
' ojnder? the estimaTedloKst of such work, the monthly or yearly suras
of money to be expended thereon, and in case of franchises to transpor-
rif rate! fares Tor charges shall contain a provision fixing the
any 'provisions thereof to file yXatioTof fuch notice. If such re-
the exDSnse of the 'applicants ro sucn ir iration of Baid twen-
not come up for first reading until alter tne g b
nance granting a franchise ishal 1 be put p(20)Kday8 after any
aTnt Commissioners
shall be required to Pf "m2;ificatjon of particular matters which
ment of a fair valuation la f!?? Diat of the grantee In whole
quire, take over and hold the JgffcJt the expiration of the
or in partj if tpUIttiimffihSfiiot include any sum for the
' SlSSSJf'ft& Plant and property
is being operated. . cu of j Grande of a fair valua-
(b) That upon trV sna11 be?0T th"
tion as above stated, the plant ana Pi on'of any instrument of con
property of the City without f ormaxwutwn oi a y rf
veyance. provided, .however, the yand convSyance.
cution to it of an MSStSB0fnIuch plant or property the
(c) That upon the acquisition or ai "X t nicn sucn piant
right of the holder f Hhll cease and determine, and the acquisition
or property was operated shall cease ana ' "eh u t t0 dive8t the
..by theP City of any such property or g" therein.
holder of any such..raa" fhfanted without fair compensation to the
(du- bv way of St payment or by reaction of ' t.
City therefor, either by way oi ..' Jth r formg 0f compensation to
fares or charge., and in ee reqU'red to pay annually to the
. be therein P'JUtJ fixed in the grant of said
City such part of ta go" exempt the holder of the franchise
ISSSg-hSS charge
or tasUion nol levied on .ccoun jrf nucUd tfiereunder or used
(e) Every franchise and all t hinRs const u ghan
; in connection therewith, other M0 .o.,,, plneiteg the City,
. iect to cmm?n.,u Lic utmt whenever it shall be advantageous to
Operating a similar public tmty w nenever y h use
; the public, upon payment or tender oy'XTbe payable only to the
; ,The compel fa ir "rorigfnal franchise5 ?The Commission
7&:7Crg may dUe. Such condensation shall
not include any remuneration for th franchise or right conferred by the
. City, except that the view user may be required to pay a ratable part of
any tax or public charge imposed upon the original grantee by reason
of such franchise in addition to such other payment to. the City as the
Commission may deem equitable. -
(f) The holder or the time being of any franchise to construct or
operate' railways in the streets or public places shall keep those portions
of streets or other places occupied by such holder, in good repair, or or
der, as required by the Commission, and shall improve, pave, or repair
and maintain from time to time in the manner and within, the time di
rected by the Commission, that portion of the street occupied by them ,
King between the rails of the' track and extending one foot outside of
uch rail and the portion of the street lying between the tracks. In
addition, any franchise granted to any street or other railroad, for the
operation thereof, may provide that the holder thereof, for the time
being shall pave, repave and keep in repair at the time and in the man
ner required by the Commission and street or part thereof used pursu
ant to such franchise for the whole or any part ol the entire width of
the street. Failure or neglect upon the part of any holder of a franchise
to do the work in the manner and within the time required by the Com
mission shall constitute an offens punishable by a fine of not less than
Ten Dollars nor more than One Hundred Dollars for each and every .
day such refusal or neglect shall continue. . ,: ;
, cTancnwe; uinn ui, w omciucuis.
Section 16. Within ninety (90) days after this Charter shall take
effect, the holder of any franchise shall file with the-Recorder a full and
. correct statement of the franchise, rights and privileges owned or claim-
ed to be owned by him or it, and shall designate the same by numbers
and titles of the ordinances by which such franchises were Ranted, and ;
any holder of any franchise, on failure so to do, shall be guilty of an of
fense punishable by a fine of not less than Ten Dollars and not more than
,One Hundred Dollars per day while such refusal or neglect continues. y ,
CHAPTER VIII.
' DUTIES OF OFFICERS. '
Municipal Court..
Section 1. The Municipal Judge is the judicial officer of the cor
, poration and shall hold court therein at such place as the Commission
shall provide, which court shall be known as the "Municipal Court ; he.
' shall be appointed by the Commission and hold his office during the plea
sure of the Commission, as hereinbefore provided. . , r ...
i Jurisdiction.
Section 2. He shall have jurisdiction of all offenses defined and
made punishable by any ordinance of the City, and of all actions brought
to "recover or enforce any forfeitures or penalty declared or given by
ordinance, which actions and offenses shall be tried in the manner and
with like effect as is provided by the laws of the State of Oregon for
Courts of the Justice of the Peace, except without the Intervention of a
' jury, but the defendant shall have the right of appeal in all cases tp the
' Circuit Court of the State of Oregon for Union County from any judg
ment rendered by said Municipal Judge, provided sa appeal shall be
taken and allowed and the appeal perfected In the manner provided by
the laws of the State of Oregon, relating to appeals from judgments in
criminal actions rendered in Justice of the Peace Courts. No appeal shall,
be allowed where the fine is less than Twenty Dollars ($20.00) or the',
imprisonment less than Ten (10) days; and he shall likewise have within
the city of La Grande the jurisdiction-and authority of a Justice of tiie .
Peace and committing magistrate, and shall be subject to all the laws of
the State prescribing the duties of a Justice of the- Peace and mode or
performing them, except as herein provided. , -
When acting as Justice of the Peace, the right of trial by jury-shall
be as In the Justice's Court, and costs and disbursements assessed as,
therein; and the fees prescribed by law shall belong to the Municipal.
Judge, as In the case of a Justice of the Peace.
Fines and Penalties. '
Section 3. All fines imposed by said Municipal Judge and all pen
alties recovered before him for a violation of a City ordinance shall,
, when received or collected, be forthwith paid by the City Recorder to:
the City Treasurer who shlal give him a receipt therefor, which shall be
filed in the Recorder's office.
General Management. -o-
Section 4. The General Manager shall have absolute control and
supervision over all officers and employees or the City except, the Com
missioners and Municipal Judge, and shal have power to appoint all
officers prescribea Dy cms wnarier, exucyi. mis wi ... -
cipal Judge, to employ such additional help as may be necessary carry
" on and perform the business affairs and departmental work of the City.
He shall have power to discharge, with or without cause, any person ap
pointed or employed by him; he shall see that the business affairs of
the municipal corporation are transacted m a modern, scientific and busi
nesslike manner and the services performed and the records kept ; shall be
as nearly as may be like those of an efficient and successf ul private cor
poration; he shall be accountable to the Commission for his actions con
duct and management of the business and may be di scharged at ; the will
of the Commisison, with or without cause; he shall perform, such dut es
as rnay be required by the Charter or ordinances of the City or specially
required of him by the Commission.
H . v - Duties of Recorder.
Section" 6. The Recorder shall be clerk of the Commission and with
him must be filed all claims and accounts against the City; he shall keep
accurate minutes of all proceedings of the Commission and hball take
charge of and safely keep all the papers and records of the c.orP.ration
including all bonds except his own, unless otherwise provided; he , shall
be -officlo clerk of the Municipal Court, and shall keep an accurate
record of all judic al business transacted by said Court, and file and pre
serve all the records thereof; he shall perform such other duties as the
. Commission may require. . ,
Monthly Statements.
Section 6. The Recorder shall make out and present to the Commis
sion a monthly statement of all moneys received or collected by him tor
the City, and of all licenses issued and all warrants drawn on the City ;
Treasurer, and such other statements as the Commission may require.
Claims Against the City.
Section 7. All demands and accounts against the City shall be pre
sented to the Recorder on or before the first day of each month with .the ,
necessary evidence in support thereof, who shall refer them to the Gen
eral -Manaeer for his approval or disapproval, and thereafter he shall
?eferthemo the Commission at its next regular meeting, together . with-
any suggestion or explanation which he may deem proper and pertment.
All such demands and accounts except salaries, labor certificates and
contact ; bilTs?shall lie over from the meeting at which they were pre
senSduntil the next regular meeting, when the Commssion shall vote
directly whether the same shall be paid Ir. whole or in part, , as i they
may deyem just and legal; provided that no cla m shall be allowed or paid
oVwarant drawn therefor that is not for a corporate purpose. All ac
counts shall be balanced at the end of each month.
" , Warrants; How Drawn. .
Section 8 When the Commission orders any account or demand to
k Mirf tL Recorder shall draw a warrant on the,Treas.urer for the
amount wWch warhen so drawn, shall be signed by the President
othe CoWmissln and' attested by the Recorder, and when delivered to
the payee shall be receipted for by him.
tne paye Recorder's Official Title.
Section 9 The Recorder's name of office, whether acting as Ke
corder clk of the Commission, clerk of the Municipal Court, or other
wise, shall be Recorder of the City of La Grande.
Issue Licenses.
section 10 The Recorder must issue all licenses authorized by the
City Ordinances upon delivery to htm l leases
for the amount of the money for such license; provided, that in cases
where the provisions of this Charter, or any City ordinances shall re
quire, a i special order, license shall only issue upon receipt of such spe
cial order by the Commission.
Books of Account.
Section 11. Books of Account, showing accurately and in detail,
under the supervision of the City Recorder, shall be kept showing there
?n receipt and disbursement and all sums appropriated, the date thereof,
the date and amount of all orders and warrants drawn upon the Treas
urer and to whom payable, and referring to the minutes of the Com
mUsion for aXrity warrants, and all such other matters and things.
Ts may be prescribed by ordinance or to be proper or necessary to a
correct understanding of the City's finances.
Administer Oaths. .
Section 12. The Recorder and Municipal Judge are each ' authorized
to administer any oath authorized or required to be taken by any law
of this state or by any ordinance of this city. ,
Treasurer, Duties of. "
Section 13. The Treasurer shall receive and Bafely keep all the
monevs that shall come into his hands belonging to the City or La
Grande, and shall pay the same over upon a warrant signed by the
President of the Commission and the Recorder. He shall Veep a correct
ar"ount of Vis receipts and disbursements, and at all Uxvs keep his
books open for. the inspection of the Commission, the General Manager of -the
City, or any other interested party, and at the expiration of hie
term of office, or upon his removal therefrom, he shall turn over to hi .
successor all moneys, 'books and paper in his custody belonging to bis
office. He shall be the custodian of the bond of the city recorder; and
hall perform such other duties as are provided for by this charter, the
ordinance or special order of the Commission.
" City Attorney.
' V Section 14. The City Attorney shall be an attorney of the Supreme ' :
Court of the State of Oregon, and shall be an elector of the City of La ' ,
Grande and the State of Oregon at the time of his appointment. He v;
: shall be Jha public prosecutor of the city; and it shall be hi duty to dili-.
: gently inquire into and prosecute in the Municipal Court all violations
and infractions of the city ordinances; and he shall be the legal repre
sentative or the city in any court in which the city is a party, either in .
.' the first instance or on appeal or on a review. He shall be the legal -adviser
of all city officers, and it shall be his duty to prepare all pro
posed amendments to the Charter, City ordinances, Contracts, bonds or .
" other legal papers on request of the proper officials, in which the city is
a party or is Interested; and he shall perform such Other duties a may -be
prescribed by ordinance. ,.;
Police. ' : V
' Section IS. The Chief of Police shall be the chief peace officer of
k the City, and shall have the control and disposition of such police officers . ,
as may be appointed, either temporarily or permanently. It shall be .
the duty of the police to preserve the peace and quiet of the city, to .
diligently inquire into and make complaint against all persons guilty of
- the violation of any of the city ordinances or crimes, prevent crime, ar-
1 lost offenders? protect' the Tights of persons and property, and generally .
' obey and enforce all the ordinances of the city and the criminal laws of
the State and of the United States; and to perform such other duties as
i may be prescribed by ordinance or by order of the Commission; and they .
' shall have the general authority of a peace officer of the state of Oregon.
. w City Engineer. . .
' Section 16. The City Engineer shall have the supervision of all aur-
veys of streets, squares, parks and all construction work done thereon,'
either by contract or otherwise; and he shall when requested by the Com-
' mission or General Manager furnish 'profile maps, plans, . specifications
' nd estimates of all public work and buildings in which the City may be
interested, including the laying of sewers and water mains and pipes; and
he shall certify to the Commission or the General Manager when so re
. quested his findings regarding the completion of any contract for any
street, park, building or other improvement in which the City may be a
party; and he shall perform such. other duties as may be prescribed by
ordinance. .:' .'. ; ,
' Water Superintendent.
Section 17. It shall be the duty of the Water Superintendent to
have the general oversight and control of the water department of the .
' City under the direction of the General Manager: the laying of water
pipes, and the collection of the water rents; and he shall perform such'
Other duties as may be prescribed by ordinance.
' ' v. Fire Department.
:'' Section 18.- It shall be the duty of the Chief of the Fire Depart
ment to have the control and disposition of all firemen, either voluntary'
'. or paid, and the control and management and disposition of all men in
case of fire, and all the machinery of the department; and perform such
V duties as shall be prescribed by ordinance. ..
City Health Officer.
;v ejection 19. Tne City Health Officer .shall haveJ control and jurisdic
tion of all questions relating to the public health, quarantines of all con
. tagipus and infectious diseases, all sanitary regulations, birth and death
'records, and shall have the sanitary supervision of all public building ,
' in the city, and shall determine when any unsanitary condition becomes
a public nuisance; and shall perform such other duties as shall be pre
scribed by ordinance; :. ' r
. ' Street Superintendent.
' Section 20; The Stwet Superintendent shall have charge of all the
streets, alleys and parka of the city, and it shall be his duty to see that
they are kept clean, and in good condition, and shall perform such other
' : duties as shall be prescribed by ordinance.
CHAPTER IX.
OF ASSESSMENTS AND COLLECTIONS OF DELINQUENT TAXES
' General Fund. ' .
Section 1. All moneys paid for licenses and collected as fines, as
well as all monev collected by taxation, except taxes levied for a special
purpose, shall form the General Fund of the City; provided, that the.
Commission may create other funds for specific purposes, or improve-,
ment district funds. " Warrants drawn upon the general fund shall be
payable in the order of their presentment to the Treasurer; the Con
mission shall have power to invest trust funds, sinking funds am! im
provement district funds in Interest bearing securities, which securities
shall be of such value and salability that the Commission may realize'
upon the same within a reasonable time, and the interest received from
the investment thereof shall be used to recoup .the city's liability for oth
er interest on bonded indebtedness.
Manner of Assessing Taxes. .
Section 2. All taxes except as In this charter. otherwise provided,
shall be assessed, levied and entered upon the tax roll of Union County,
Oregon, in accordance with the general laws of .the State of Oregon, re
lating to the assessment and levying of taxes, in force at-the time of
assessment, and shall be collected by the same officer colleeting county
taxes in said Union County, and at the same time as said county taxes
are collectedand shall be paid over to the City Treasurer of the City of
La Grande upon demand, as provided by lew.
, - . . Fixing Amount of Taxation. A
Section 3. Immediately after the County Clerk of Union County has
ascertained the aggregate valuation of assessable property within the
city limits of the city of La Grande, and shall furnish a certificate show
ing the aggregate value thereof as provided by law, it shall be the duty
of the Commission at a meeting held prior to the first aay of January of
each year, to meet and by ordinance, annually, levy such taxes and as-
sessments as the Commission may consider necessary, not exceeding the
limit fixed by this. Charter, and cause the same to be certified to the
County Clerk of Union County; and the same shall be thereafter pro
ceeded with as provided by the general laws of the State of Oregon re
lating to the mode of making assessments, collecting and payment ot
Interest on Taxatloii jby .Local Assessment. v
Section 4. All special taxes derived by taxation by local assessment
shall bear interest at the legal rate from the time the same are delln
auent until paid or collected, and the Recorder must collect the asms,
nay the same' to the Treasurer for credit to the proper fund of the City.
Fix Time of Payment. .
Section 6. The Commission must provide by ordinance a time when
such special assessments shall be paid to the Recorder and all assess
ments not paid within such time are thereafter delinquent and must be
collected as such, and a penalty of five (5) per cent, shall be added there
to, and such delinquent taxes and interest must be collected as sucn.
Special Assessment Roll.
Section 6. Within five (5) days after the expiration of the time lim
ited for the paying taxes levied by the local assessments to the Record-
er, said officer must return said roll to the Commission distinguishing
thereon the amount of taxes paid and those remaining unpaid.
Warrants Directed to the Chief of Police. ' '
Section 7. The Commission must thereafter order the Recorder to
deliver the said roll to the Chief of Police and issue and annex thereto a
warrant directed to the Chief of Police, commanding him to proceed
forthwith to collect the delinquent taxes upon such roll, together with
the penalty and interest accrued thereon, and pay the same to the
Recorder, together with the cost of collection, for deposit, and return
the warrant and assessment roll with his doings endorsed thereon and
the receipt of the Recorder for the funds collected to the Commission.
Warrant Deemed to Be Execution.
Section 8. The warrant for the collection of such delinquent taxes
and assessments shall be deemed an execution and shall have the force
and effect thereof against the property of any person, firm or corporation
against which such taxes or assessments are levied -and upon which the
same are a lien, and said warrant shall be executed and returned to the
Commission in like manner as an execution for the sale of real property
upon a decree of foreclosure of a lien thereon. r
Levy Made on Real Property.
Section 9. The warrant must be levied upon the real property, cov
ered by the lien of the taxes and assessments charged against the same,
including the fees of officers, advertising and all expenses of sale and
executing the warrant.
Owner Unknown.
Section 10. . In case of delinquent taxes or assessments levied upon
Teal. property in the name of the owner unknown, the warrant, together
. ..i 1 A ;.n.f thoi-ann ahnU hn PYPrMltprt hv lewmiT
wivn, penalty uu sttiucu iji.w ' " ,-tV. m.To ...l. u3 77,, , Tn,.. . -..i
(To Be C luthuied.)